( 1 ) THE Judgment of the Court was delivered by the Hon ble The Chief justice. Defendants 1 and 2 have preferred this appeal against the decree and judgment of the Court of the Subordinate Judge of Kakinada confirming that of the District Munsif, Kakinada, in O. S. No. 266 of 1951 a suit filed by respondents 1 and 2 for a declaration that they were entitled to the surplus sale proceeds in court deposit in O. S. No. 124 of 1945 on the file of the same Court. The facts that gave rise to the appeal, may be briefly stated. 10 acres of zamindari jeroyiti land in Chinnayapalem village known as Peddagaruvu originally belonged to the father-in-law and the husband of the 2nd defendant, yenugu Achayya and Apparao. On 18-2-1939 they executed a sale deed ex. A-8 conveying the said land in favour of the plaintiffs and put them in possession thereof. It is not disputed that the consideration was also paid to the vendors. As the 2nd defendant s husband Apparao suddenly died, the document could not be registered within the time prescribed. After his death, though an attempt was made to get it compulsorily registered, for one reason or other, it could not be done. Subsequent to the sale the plaint
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